Virgin/MBNA/Arrow global/Blake Lapthorn court claim/cc charges/ **Resolved by way of Tomlin Order **

[buster991]

Hi

 

I have received a county court claim from Arrow Global,

 

this is a debt from MBNA/Virgin,

 

I have sent acknowledgment of service,

giving me extra time to file my defence,

 

stating I dispute all the claim,

 

its for 4100.00 plus costs of 80.00,

 

I have sent letters months ago requesting refund of charges which MBNA are refusing,

 

I need help please going forward,

 

should i send a CPR request to Blake Lapthorne, a

 

nd send another letter to MBNA/Virgin asking for refund of charges.

 

any help gratefully received.

[dx100uk]

old thread here for attempted charges reclaim

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?292749-MBNA-help-please-reclaiming-charges

 

dx

[buster991]

Thanks for your reply,

 

I have received a county court claim for this,

 

can I send another letter claiming back charges now or it too late ?,

 

do I send letter to MBNA,

I have sent acknowledgment of service to the court,

 

now I need to put in my defence,

 

do I send a CPR to Arrow Global or Blake Lapthorne ?

[dx100uk]

await the legal bods

 

it might well help if you get the charges spreadsheet done

 

how does it compare to the balance of the claim

 

[we need to see the claim form - scan it up]

 

als owhat about PPI ?

 

how old is this?

 

is it on your CRA file?

[buster991]

Hi I will try to give more detail, the amount I have been trying to claim is quite small in comparison to the debt approx 350.00 including interest, but it would help to get this down a bit.

Dept originally with MBNA was sold to Arrow Global in Jan 2012, came to an agreement with Drydensfairfax for payment of 1.00 per month due to unemployment, I sent first letter requesting refund of charges in April and had a response at the end of May, standard letter saying no. I also received a letter dated the same date from Drydensfairfax, ( as I sent letter disputing the amount claimed and copy letter of charges reclaiming) stating that they have heard from their client who advises that they have not received any query from MBNA regarding outstanding balance. they did ask for copies of correspondence with MBNA.

 

Unfortunately due to other issues going on in my life I did not follow this up, I know I should have.

 

The solicitor is Blake Lapthorn, I dont have PPI on this account, I will check my credit file

[buster991]

Help need please, just need to know if I am doing the right thing here.

 

Claim received on 16 Nov, sent acknowledge and has been rec on 5 Dec.

 

Particulars of Claim:

 

The Claimants claim said amount, being monies due from the defendant to the Claimant under the regulated agreement betwenn the defendant and MBNA and assigned to the Claimant ( Arrow Global) Notice if assignment has been provided to the Defendant, the defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served,and the Claimant claims the sum of 4..... together with costs of this claim.

 

I am going to send a CCA request to Arrow global, and a letter claiming refund of charges,

 

and a CPR31 request to Blake Lapthorn

I have heard nothing from BL before this,should I have received a letter ?

 

Is this worth doing or shall I just agree and ask for time to pay ?

 

Any advice gratefully received

[AndyOrch]

Hi Buster

 

" Dept originally with MBNA was sold to Arrow Global in Jan 2012, came to an agreement with Drydensfairfax for payment of 1.00 per month due to unemployment,"

 

If you have a copy of this agreement and have maintained payment your defence could be based on breached promissory Estoppel.

 

Regards

 

Andy

[buster991]

Sorry been too poorly to reply or look into this, this agreement to pay 1.00 per month was in May, lasted for 5 months I could kick myself for not contacting them earlier, but I did forget about it, I have been looking at all the paperwork I hold on this account,

 

I asked for a CCA request in 2011 from MBNA,

 

1. I received copy of the executed agreement

2. Up to date terms and conditions

3. A copy of the most up to date agreement

 

With this is 6 pages ( copy of agreement ) but no name, only address, I have been looking around this site and cant see if this is correct, could someone advise please.

 

Should I also send a CCA request to Arrow Global now ?

 

Can I state in my defence that the amount is in dispute, due to the outstanding charges I am claiming ?

 

Getting really confused now any help gratefully received.

[buster991]

No 3 should have said, up to date copy of statement

[buster991]

I have just worked out the charges due to late or over limit fees using a different spreadsheet found on this site using compound interest and the charges are now over 500.00, the spreadsheet I used before was for 8% interest.

[buster991]

I am running out of time now to put in a defence, I am assuming that I have not got much of a defence only that I do not agree with the amount they claiming,

 

I am waiting for the CPR 31 and CPR 18, but need to put in defence before the time limit.

 

Any help gratefully received even if to say that I have no chance.

[dx100uk]

if this was a credit card you should use CISHEET here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[AndyOrch]

I am running out of time now to put in a defence, I am assuming that I have not got much of a defence only that I do not agree with the amount they claiming,

 

I am waiting for the CPR 31 and CPR 18, but need to put in defence before the time limit.

 

Any help gratefully received even if to say that I have no chance.

 

What date was your summons issued?

 

Regards

 

Andy

[buster991]

Hi DX100uk Thanks for your reply, this is the speadsheet that I used yesterday,

 

Hi Andy The date of the summons 16/11, I sent acknowledgment and checked on MCOL it was received on 5/12, I hope I have worked it out that I have until the 18/12 to submit a defence.

 

Thank you both for your replies, I am probably really late with this, but due to illness, I am only sending the CPR off today.

 

I am very aware that time is tight.

[AndyOrch]

Yes 18th is correct (next Tues) a simple defence refuting the amount claimed (not denying the debt) will suffice.Try to draft something in your own words then we will tweak it for submission.Take a look through my posts you will find plenty of examples to base it on.

 

Regards

 

Andy

[buster991]

Hi Andy, I will draft something tonight and post on here.

 

Thanks again

 

B

[buster991]

Hi Andy, After I submit my defence, what will happen then ?

 

as most of the threads I have been reading the charges far exceed the claim.

 

Can I ask for an extension due to not getting the CPR back.

 

Thanks B

[AndyOrch]

Once your defence is submitted it is copied to the claimant for a response.They have 28 days to respond if they respond you will receive an AQ. This allocates to track and transfers to your local CC.

If they fail to respond the claim is stayed.

 

I personally see little point in CPR 15.5 extension the response will be the same so why prolong?

 

Regards

 

Andy

[buster991]

Sorry last question for today, should I then also send a first letter( claiming charges back) to Arrow Global) , I can get that ready and send tomorrow.

 

Thanks B

[AndyOrch]

How much are the charges ? if considerable then you could consider a CC along with any defence. If minimal then a defence can contain reference to them to enable mitigation on the balance owed.

 

Andy

[buster991]

The charges add up to just over 500, what do you call minimal? against the balance I suppose it is minimal !

 

Thanks

 

B

[AndyOrch]

Minimal as in is it worth submitting a Counter Claim and is there merit in submitting a CC.Is that figure net?

[MrHat]

Following

[buster991]

Hi Andy, That figure is gross, using the spreadsheet-- CISheet

 

Is it ok to send standard claim back letter to Arrow now ?

 

Thank you for your help answering my questions today

 

 

B

[buster991]

Hi MrHat, How strange you are following, I read ALL 28 pages of your thread last night and learned so much from it.

 

Its good to know someone is there!! so to speak. I was panicking last night.

 

But I am spurred on to sort my finances out, taking head out of sand now !

 

B